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Terms and Conditions

General Terms and Conditions

GENERAL TERMS AND CONDITIONS

1. GENERAL PROVISIONS

2. DEFINITIONS

3. COMPLETE CONTRACT

4. TRANSFER OF RIGHTS AND OBLIGATIONS

5. PARTIAL ANNULMENT

6. WAIVER

7. DISCLAIMER

8. INDEMNIFICATION

9. EVENTS BEYOND OUR CONTROL (FORCE MAJEURE)

10. LAW AND JURISDICTION

11. WRITTEN COMMUNICATION AND NOTIFICATIONS

12. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

13. CUSTOMER SERVICE

14. Version of the General Terms and Conditions

TERMS AND CONDITIONS OF ONLINE SALE

TERMS AND CONDITIONS OF USE OF WEBSITE

1. GENERAL PROVISIONS

All your activities, interactions with and Orders on www.kora-knitwear.com Website are subject to the “Terms and Conditions”

The following “Terms and Conditions” are valid between You and “KORA”, including KORA Llc. – a company subject to coordination and control by its general meetings of founders and heads of organization, acting under statute for the benefit of itself and other companies within the KORA Group, which was created and exists under the Law of Ukraine, registered in May 20,1999 with its registered office on Kutuzova 2A, 69071, Zaporozhye, Ukraine, date and number of entry in the Unified State Register of Legal Entities (Enterprises and Organizations of Ukraine) 1001037780026001302, September 23, 2021, identification number of the legal entity 22116246; and its official retail partners and representatives, official distributors and dealers acting for the benefit of themselves and other companies within the «KORA» Group (henceforth: «KORA»; may be referred to as “us” and “we”). 

www.kora-knitwear.com official Website is owned and managed by KORA Llc.

The contents of www.kora-knitwear.com official Website and all official social media accounts as well as the domain name and the registered trademark KORA are the exclusive property of KORA Llc.

Online store www.kora-knitwear.com is managed by the individual entrepreneur Elena Igorevna Korostina, registered in Ukraine; date and number of the state registration record: July 28,2016, 20690000000036947; email address for correspondence and acceptance of any suggestions, requests and complaints: knitwear@kora.ua; phone number +38 067 208 77 42 (regular call charges apply); hereinafter the “Seller” which carries out online sales of KORA products outside Ukraine.

Your use of the Website is subject to our “Terms and Conditions of Use of the Website” that you can consult in the “Legal” section.

All Orders made through KORA online store are subject to our “Terms and Conditions of online Sale” that you can consult in the “Legal” section.

“KORA” reserves the right to revise the “Terms and Conditions” at any time. The date of the latest update is found in the final section of the these “General Terms and Conditions” as well in the head of this document. Each purchase is subject to the «Terms and Conditions» in the version applicable at the date of Order Confirmation.

Please inform yourself about the applying version of “Terms and Conditions”, our “Privacy Policy” and “Cookies Policy” before using the Website and placing your Order. Please note that the “Terms and Conditions” valid for your Order are always the “Terms and Conditions” that you have read and accepted when you start using the Website and before you have placed your Order and not a later version. You should keep a copy of these “Terms and Conditions” for future reference.

If you do not agree with the “Terms and Conditions”, you must not use the Website and place Orders. If you have any queries regarding the “Terms and Conditions”, our “Privacy Policy” or “Cookies Policy”, you can contact our Customer Service or via our Contact Form.

2. DEFINITIONS

“Consumer Protection Law” means the Law of Ukraine on the Protection of Consumer Rights № 1023-XII from 12.05.1991 (N 30, art.379) including changes made on 15.08.2022 N 2518-IX applying to Products shipped to Europe.

“Contract” means the public contract (offer) between You and KORA for the remote retail sale and purchase of Products using official channels for remote communication (the Internet) through the KORA Online store, comprising your Order, our Order Confirmation e-mail, these “General Terms and Conditions” as well as “Terms and Conditions of Online Sale”. The conclusion of the Contract is carried out electronically under the conditions specified by the Seller.

“Content” means all materials that appear as part of the Website and other official social media accounts.

“Countries outside Ukraine” means European countries, Israel, United States of America, Great Britain and all other countries outside Ukraine except Russia and Belorussia.

“Customer” means any physical natural person making purchases for purposes unrelated to their business, commercial, artisanal or professional activity, who completely accepted all “Terms and Conditions” without exception.

“Delivery Receipt” means the document of the established form you sign when receiving the parcel from the courier confirming the completed delivery.

“Intellectual Property Rights” means patents of any type, database rights, copyright, design rights, trademarks and other similar rights together with the right to apply for protection for any such rights, notwithstanding whether they have been registered or not and including any pending registration.

“Gift” means any Product that is purchased through the Website for delivery to a different recipient.

“KORA” (may be referred to as “us”, “we” or “our”), means a KORA Llc., and all its official retail entrepreneur partners, representatives, official authorized distributors and all other companies within the KORA Group acting for the benefit of themselves and KORA Llc.

“KORA Llc.”– the owner of the official Website and all Intellectual Property Rights, including but not limited to the registered “KORA” trademark and the domain name, – a company subject to coordination and control by its general meetings of founders and heads of organization, acting under statute for the benefit of itself and other companies within the KORA Group, which was created and exists under the Law of Ukraine, registered 05/20/1999 with its registered office on Kutuzova 2A, 69071, Zaporozhye, Ukraine; registered in Unified State Register of Legal Entities (Enterprises and Organizations of Ukraine) No. 1001037780026001302 on September 23, 2021, identification number of the legal entity 22116246.

“The Seller” – KORA Group, a KORA Llc.’ official retail sole entrepreneur partner KOROSTINA OLENA, acting under the trading name KORA, 04211, av. Heroiv Stalinhrada 10А/8/34 Kyiv, Ukraine; registered in Unified State Register of Legal Entities (Enterprises and Organizations of Ukraine) 20690000000036947 on July 28, 2016, identification number of the legal entity 3123218086; e-mail address: lena.korostina@kora.ua, tel +38.06.72087742, for the KORA products that are shipped to the Countries outside Ukraine.

“Store” means any KORA official store listed as available on our Website, including online shopping facility.

“Order” means an order for KORA Products made through KORA Online store, incliding online Orders placed on KORA’s Website www.kora-knitwear.com, and Orders placed by e-mail, phone, by chat with KORA’s Customer service team, as well for orders made through official Instagram (kora.knitwear) and Facebook (KORA_international) accounts that are shipped to the Countries outside Ukraine/within Ukraine

“Order Processing Receipt” means the e-mail KORA will send to you at the time your Order is received by KORA and/or you card is debited for the total value of the Order Summary.

“Order Summary” means “Thank you page” on the Website to which you will be redirected at the end of your order, when you finalize all your Order procedures.

“Order Confirmation”, means the separate e-mail KORA will send to you at the time when all products in your Order are available and your Order is already prepared for shipping.

“Order Completed” means the e-mail KORA will send to you after shipping of your Order with shipping confirmation and estimated delivery dates. That means shipment of all or part of the ordered Products.

“Personal Account” personal area to access dedicated areas and content on www.kora-knitwear.com Website.

“Products” means products that we sell on the Website and in KORA Online store from time to time.

“Terms and Conditions” means these “General Terms and Conditions” together with “Terms and Conditions of Online Sale”, “Terms of Use of the Website” and all the documents to which it refers including but not limited to “Legal Notes”, “Privacy Policy” and “Cookies Policy” .

“Terms and Conditions of Sale” means terms and conditions of remote sale through the Website and other official channels for distance selling process which are an integral part of the Contract.

“User” means any physical person using, accessing, visiting and interaction with http://www.kora-knitwear.com Website.

“You” means our valued Customers and Users

“Website” means the website of the KORA Group, to which “The Seller” belongs, that is located on at http://www.kora-knitwear.com .

All capitalized terms specified above are used exclusively in the agreed meaning, regardless of the use of these terms in the singular or plural, or in other grammatical forms, cases and/or constructions.

All other terms not separately defined are perceived and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject of this Agreement.

3. COMPLETE CONTRACT

These “Terms and Conditions” is a public offer of the Seller, addressed to an indefinite number of persons and containing all essential conditions for concluding an electronic Agreement for the sale and purchase of Products on the conditions specified below.

The “Terms and Conditions” and the all documents and terms they include and refer to:

constitute the complete Contract between you and us with regard to their subject and replace any other prior pact, agreement, understanding or promise convened between you and us verbally or in writing with respect to the subject matter hereof. 

We both recognize that we have entered into a Contract without relying on any declaration or promise made by the other party or which could be inferred from any declaration or document in the negotiations between both parties before the Contract, except for that explicitly mentioned in these “Terms and Conditions”. Neither you or we will be able to take legal action regarding any untrue verbal or written declaration made by the other party, before the date of a Contract (unless the untrue statement was made fraudulently) and the only legal action to which the other party will be entitled will be for a breach of the Contract, as established in “Terms and Conditions”.

The terms of the proposal (offer) for entering into this public Contract, as well as the terms of this public Contract, are the same for all Customers.

4. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract is binding for both you and us, as well as for our respective successors and assignees. You may not transmit, assign, encumber or in any other manner transfer a Contract or any of the rights or obligations deriving from it for or to you without having received our prior written consent. We may transmit, assign, encumber subcontract or in any other manner transfer a Contract or any of the rights or obligations deriving from it for or to us at any time during the validity of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a Customer recognized by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you.

5. PARTIAL ANNULMENT

Should any part of these “Terms and Conditions” or any provision of a Contract be declared invalid, illegal and unenforceable in whole or in any part thereof by firm resolution from the corresponding authority or court, or both parties consider that they cannot fulfill them, such provision is fulfilled to the maximum extent possible in order to execute the intentions of the parties, or the invalid parts and provisions shall be replaced with other terms in order to give effect to the commercial intentions of “Terms and Conditions”, and the remaining parts of “Terms and Conditions” and provisions of a Contract shall remain in effect without being affected by said declaration of annulment.

6. WAIVER

If we do not require you to comply strictly with your obligations arising from the Contract or from “Terms and Conditions”, or if we do not exercise the rights or take the actions to access remedies for the breach of any provision of the present Contract which may correspond to us under the Contract or “Terms and Conditions”, it will not mean that we waive or limit any other rights or actions arising from a Contract or “Terms and Conditions” in relation to previous or subsequent breaches of any other provision contained in the Contract or in “Terms and Conditions”, nor does it exempt you from complying with such obligations.

No waiver by us of any part of “Terms and Conditions” or to the rights or actions derived from a Contract will take effect unless expressly stipulated that it is a waiver of rights and it is formalized and communicated to you in writing in accordance to the provisions of the Written Communication and Notifications section below.

No party other than you or us has any right to enforce any term of these “Terms and Conditions”. If either you or we do not enforce or delay enforcing any of our rights under these “Terms and Conditions”, this will not stop us from doing so at a later date.

7. DISCLAIMER

The use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content and websites. KORA takes all reasonable measures necessary to try to ensure that the Website and the Content are free from viruses and defects but cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment will not be affected if you use the Website or any Content.

To the maximum extent permitted by applicable law, KORA shall in no event be liable to you under these “Terms and Conditions” for any loss or damage arising out from use of this Website and/or the Content, including without limitation: any loss of profit, loss of contracts, loss of income or sales, loss of business, loss of revenue or loss of goodwill, loss of anticipated savings, loss of management time or office hours, any loss or corruption of or damage to data, loss of or damage to your Equipment, or any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software, or any loss or damage which was not for both of us a foreseeable result of either our breach of these “Terms and Conditions” or our breach of our legal duty of care, including damages to health, body and mind or which you did not notify us about. Loss or damage is “reasonably foreseeable” if, at the time that we and you entered into these “Terms and Conditions”, such loss was either contemplated by us and you or you notified us that the loss may occur if we breached these “Terms and Conditions” or our legal duty of care.

KORA accepts no responsibility or liability for any direct or indirect damages, regardless of the cause, origin, nature and consequences of such damage, including, without limitation, the costs incurred or any other loss of intangible assets arising from the use of the Website or inability to use it or from reliance on the information, directly or indirectly, available on the Website.

KORA does not warrant that the Website or any Content will be uninterrupted, up to date, free from errors or inaccuracies and that any defects found will be corrected, or that your use of the Website will provide specific results.

The Website and the Content are provided in their current state and are available as is. To the maximum extent permitted by applicable law, KORA disclaims all warranties, express or implied, including any warranty of accuracy, completeness, non-violation of third party rights, marketability or suitability to a particular purpose.

KORA  disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with or related to your use of the Website, including without limitation any liability for any third party content, information, statement, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. 

The look and colors on the Website depend on the settings of the User’s device and it is impossible to guarantee that the User’s device will correctly display the colors and images published on the Website.

With reference to the process for purchasing Products, Users are invited to read the Terms and Conditions of Online Sale.

8. INDEMNIFICATION

The User acknowledges and agrees to indemnify KORA and other companies within the KORA Group from any legal action, claim, claims by third parties and related damages and expenses, including legal remedies, arising from the improper use of the Website and the Content by the User or persons who are under his protection or direction, or in connection with such and undertakes to compensate KORA and other companies within the KORA Group for damages arising out of the above claims.

9. EVENTS BEYOND OUR CONTROL (FORCE MAJEURE)

We will accept no liability for any breach, failure to comply or delay in compliance with any contractual obligations caused by events beyond our reasonable control and will, which could not be reasonably expect at the time of the signing of the Contract (“Force Majeure”). Force Majeure includes any action, event, failure to act, omission or accident that is beyond our reasonable control, including but not limited to:

1. Strikes, lockouts or other industrial actions and forms of protest, which have not been announced in advance.

2. Civil unrest, revolt, revolution, blockage, uprising, invasion, terrorist threat or attack, war (declared or undeclared) or the threat of or preparations for war.

3. Fire, explosions, storms, floods, earthquakes, subsidence, collapse, epidemic or any other natural disaster.

4. Impossibility of use of trains, ships, planes, motor vehicles or other means of transport, whether public or private.

5. Impossibility of use of public or private telecommunications systems.

6. Acts, decrees, legislation, regulations or restrictions by any government or public authority.

7. Strike, failures or accidents of maritime or river, postal or any other type of transport.

8. Failure of electricity, telephone or internet service

Our contractual obligations will be understood to be suspended while the Force Majeure Event is happening, and we will be allowed to extend the time in which our obligations must be fulfilled by a period as long as the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or find a solution that will enable us to fulfil our obligations despite the Force Majeure Event.

In the event of KORA losing the ability to fulfill its obligations under these “Terms and Conditions” due to force majeure circumstances, KORA will inform the Customer of any event or Force Majeure within seven (7) days of their occurrence. If the service suspension extends for a period longer than 15 days, the Customer will be able to cancel the Order and refund the amounts already paid.

The contract between you and KORA can be partially or fully terminated by you or by KORA in such cases.

10. LAW AND JURISDICTION

These “Terms and Conditions” are governed by the laws of Ukraine without regard to any choice of law rules.

These “Terms and Conditions” and the purchase public Contracts through the Website formed under the same rules are governed by Ukrainian legislation.

Legal relations arising from this public purchase Contract are governed by the provisions of Article 633 of the Civil Code of Ukraine, the Law of Ukraine № 1023-XII “On the Protection of Consumer Rights”, the Law of Ukraine № 675-VIII “On Electronic Commerce”, the Rules for the sale of goods by orders and outside trading or office premises, approved by the decree of the Ministry of Economy of Ukraine No. 103 from April 19, 2007.

The online sales system, which assumes active Сustomer intervention, has been implemented in full compliance with the rules on distance selling, and, in particular, with the Ukraine Consumer Protection Law (№ 1023-XII , 12.05.1991 art. 13,15) and  with the Consumer Code (Legislative Decree No. 206 of September 6, 2005 and the subsequent amendments and additions). The use of the distance selling process described in these “Terms and Conditions of Sale” is reserved exclusively for consumers as defined in Art. 3 of Legislative Decree 206 of September 6, 2005 and only if the products are delivered to the European territory.

On all issues that are not reflected in this public Contract, the parties are governed by the norms of the current legislation of Ukraine and by the Legislative Decree No. 206/2005 concerning Consumer Code.

For sales outside Ukraine and subject to any dispute, these “Terms and Conditions” shall be construed accordingly, without prejudice to any other imperative provision of law more favorable to the Customer applicable in the country of habitual residence of the Customer.

The possibility of promoting the extra-judicial resolution of disputes is guaranteed.

All disputes and disagreements arising between the Customer and “The Seller” regarding the execution of their rights and the fulfillment of their obligations under this “Terms and Conditions” and the purchase Contracts shall be resolved through negotiations.

We hereby inform you that you are entitled to request an out-of-court settlement to consumer disputes via the Website.

In the event of failure to reach an agreement on the subject of the dispute through negotiations or by will of the Customer, all disputes and disagreements between the Customer and “The Seller” regarding the interpretation, validity and/or execution of their rights and the fulfillment of their obligations under this “Terms and Conditions” and the purchase Contracts shall be subject to the non-exclusive jurisdiction of the Ukrainian courts  and resolved in a court procedure established by the current legislation of Ukraine. If you are contracted as a Customer, nothing in this clause will affect the rights applicable to you by the legislation in force in the country of habitual residence.

11. WRITTEN COMMUNICATION AND NOTIFICATIONS

Applicable regulations require that we send some information, notifications or communications to you in writing. By using the Website, you accept that most of our communications with you will be electronic. We will use your contact information specified by you when placing an Order or request. We will contact you by email, “WhatsApp” Messenger, direct messages in social networks (Instagram, Facebook) or provide you with information by posting notifications on the Website. For contractual purposes, you agree to use this electronic means of communication method and you recognize that all contracts, notifications, information, and other communications we send you electronically meet the legal requirement of being in writing. This does not affect your legal rights. The notifications will be understood to have been received and to have been carried out correctly as soon as they are published on our Website, 24 hours after sending you an email or as soon as the “WhatsApp” message is sent without error. To prove that a notification has been sent, it will be sufficient to prove, in the case of an email, that it was sent to the email address specified by the recipient and in the case of “What’s App” message/Instagram direct message/Facebook messenger  – that the message was sent to the correct mobile telephone number, account provided by the User or Customer.

12. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

We always welcome your comments and suggestions. Moreover, we are always ready to provide you with assistance during the sale, post-sale stage and for support while browsing the Website.

We ask that you send any comments and suggestions, as well as any questions, queries, complaints or claims, via our Contact Form, via “WhatsApp” messenger or to the e-mail address indicated in Customer Service section below. Your complaints and claims made to our customer service will be attended to as soon as possible and, in any event, within a maximum period of 7 days.

If you, as a consumer, believe that your rights have been violated, you can direct your complaints to us by writing to the email address knitwear@kora.ua, where you can request an alternative resolution to the dispute.

Please note that when the Customer decides to use any other channel or form of communication (for example: ordinary mail, fax, calls to a paid telephone number related to KORA, etc.) than those described above, KORA will in no case be required to reimburse any costs incurred by the Customer for the use of these means of communication.

Any feedback, comments, suggestions, ideas and/or other information (except for your personal information) (collectively, “Communications”) that you submit to the Website shall be deemed non-confidential. We reserve the right to use such Communications on an unrestricted basis, including but not limited to copy, reproduce, publish, transmit, distribute, broadcast, display, post, modify, translate, incorporate in other materials and  commercially exploit it in any other way. KORA shall have the unlimited right to use any ideas, concepts, know-how, or techniques contained in any Communications you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. KORA discourages you from sending us any information that you consider confidential or proprietary through the Website.

Any of the communication methods mentioned above must not be used for fraudulent, illegal, offensive purposes or in a way that might cause damage or risks to KORA and its activities, reputation, employees, other users or any third party. KORA reserves the right to suspend or interrupt the provision of the communication method in case of improper use of the same.

13. CUSTOMER SERVICE

We offer Customer assistance for any questions related to the use of the Website, the placement of an Order, Product’s characteristics, the tracking of Products, the availability of Products, the login/registration process, return and exchange process and any further information you may need in connection with the use of our Website and/or our Products. Our Customer service is available in English, Ukrainian and Russian languages Monday through Friday between the hours of 9 and 18 CET with the exception of holidays. If you need any information, we invite you to refer to the “FAQ section” on our Website and if you are not satisfied, you may contact us at the following e-mail or by phone:

14. Version of the General Terms and Conditions

The latest update of the «Terms and Conditions» was made on the 1st of July 2024.

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